XN000022-1984-09-28 — Page 3

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FRIDAY, SEPTEMBER 28, 1984

+ THE WORD TREATY IS OFTEN USED TO COVER INTERNATIONAL +GREEMENTS, AND IN THE PAST IT HAS BEEN USED FREQUENTLY. BUT HERE HAVE BEEN MANY TREATIES CALLED 'CONVENTIONS', 'DECLARATIONS', CHARTERS', 'PACTS' 'PROTOCOLS'. 'AGREEMENTS' AND 'EXCHANGES

THE NOTES. THE PARTICULAR TITLE IS NOT IMPORTANT. IMPORTANT FEATURE COMMON TO ALL THESE TITLES IS THAT THE PARTIES TO THEM HAVE CREATED BINDING OBLIGATIONS UNDER INTERNATIONAL LAW,

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+SOME MAY ASK IS THIS PARTICULAR JOINT DECLARATION BINDING ON THE TWO GOVERNMENTS?' THOSE OF YOU WHO HAVE READ THE TEXT WILL HAVE SEEN THAT IT IS, BECAUSE THE TEXT MAKES THAT CLEAR. THESE ARE NOT PARALLEL DECLARATIONS THAT STAND APART FROM EACH OTHER. THEY ARE LINKED TOGETHER TO FORM AN ACCORD AND THEY ARE EXPRESSED IN LANGUAGE THAT SHOWS THAT THE TWO GOVERNMENTS HAVE THE COMMON INTENTION TO BE BOUND BY THEM.

+NEAR THE BEGINNING OF THE JOINT DECLARATION, THE TWO GOVERNMENTS AGREE TO MAKE THE DECLARATIONS AS SET OUT IN THE FOLLOWING PARAGRAPHS. HAVING MADE THE IR RESPECTIVE DECLARATIONS SOMETIMES THE ONE GOVERNMENT, SOMETIMES THE OTHER GOVERNMENT, SOMETIMES BOTH GOVERNMENTS TOGETHER, THEY THEN CONCLUDE IN PARAGRAPH 7 WITH THE IMPORTANT WORDS:

'THE GOVERNMENT OF THE UNITED KINGDOM AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AGREE TO IMPLEMENT THE PRECEDING DECLARATIONS AND THE ANNEXES TO THIS JOINT DECLARATION'.

+THE KEY PHRASE TO NOTE HERE IS 'AGREE TO IMPLEMENT' SINCE BY THAT PHRASE THE PARTIES ENTER INTO A COMMITMENT TO IMPLEMENT THE TERMS OF THE JOINT DECLARATION ITSELF, AND THE PROVISIONS OF THE MORE DETAILED ANNEXES. THE PARTIES HAVE CREATED AN AGREEMENT; AND THEY HAVE GONE BEYOND A MERE 'AGREEMENT TO DECLARE (AS RECITED IN THE PREAMBLE TO THE JOINT DECLARATION) BY STATING IN TERMS THAT THEY AGREE TO IMPLEMENT THE JOINT DECLARATION AND ITS ANNEXES.

IT IS THE LANGUAGE OF A LEGAL OBLIGATION, A MUTUAL COMMITMENT, ONE TO THE OTHER, THAT THEY WILL CARRY OUT INTENTIONS THEY HAVE EXPRESSED, NOT ONLY IN THE JOINT DECLARATION, BUT IN THE MORE DETAILED PROVISIONS OF THE ANNEXES AS WELL. AND IN THE FINAL PARAGRAPH 8 OF THE JOINT DECLARATION, THAT IS UNDERLINED BY THE WORDS - THIS JOINT DECLARATION AND ITS ANNEXES SHALL BE EQUALLY BINDING'.

+SO THE EFFECT IS THAT THE TWO GOVERNMENTS HAVE DRAWN UP WHAT IS CLEARLY AN AGREEMENT AND THAT ALL ITS PROVISIONS, THE CONTENTS OF THE JOINT DECLARATION AND THE SPECIFIC AND DETAILED CONTENTS OF THE ANNEXES AS WELL, ARE BINDING UPON THEM. THAT IS SIMPLY WHAT THE TEXT ACTUALLY SAYS, AND IT HAS ALSO BEEN EXPRESSED ELOQUENTLY BY THE SECRETARY OF STATE, SIR GEOFFREY HOWE, AT HIS PRESS CONFERENCE IN NEW YORK ON WEDNESDAY NIGHT.

/+IT IS..